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County of San Diego - CAL ID ProgramAGREEMENT FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK THIS AGREEMENT ("Agreement") is made and entered into this first day of July, 2014, by and between the County of San Diego, a political subdivision of the State of California, hereinafter referred to as the "COUNTY," and the City of Poway, a municipal corporation, hereinafter referred to as the "CITY." RECITALS A. The state of California Department of Justice maintains an automated system for retaining and identifying fingerprints, palm prints, and photos, said system being known as the California Identification System and Cal -Photo, and hereinafter referred to as "CAL -ID." B. The California Penal Code, Section 11112.1 et seq. provides for the establishment of a Remote Access Network ("RAN"), consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to CAL -ID. C. The San Diego County Sheriffs Department, hereinafter referred to as "SHERIFF," is the COUNTY'S proprietary agency for San Diego County's California Identification System/Remote Access Network, hereinafter referred to as "CAL- ID/RAN." D. The COUNTY's CAL-ID/RAN is governed by the COUNTY' Local CAL-ID/RAN BOARD, established pursuant to Section 11112.4 of the California Penal Code, and hereinafter referred to as the "RAN BOARD." E. CAL-ID/RAN provides tenprint, latent fingerprint, latent palm print, and photo identifications through the use of Local Input Terminals, hereinafter referred to as "LIT's." F. The CITY desires to participate in CAL-ID/RAN. NOW, THEREFORE, the parties hereto agree that the COUNTY shall provide CAL-ID/RAN services for the CITY through the SHERIFF's LIT site, subject to the following terms and conditions. 1. SCOPE OF SERVICE SHERIFF shall provide CAL-ID/RAN services for the CITY, including all tenprint, fingerprint, palm print, and photo inquiries. 2. CALCULATION AND PAYMENT OF CAL -ID OPERATIONAL COSTS 2. 1. Ongoing CAL -ID Operational Costs shall include those costs needed to maintain the CAL -ID Program. This includes but is not limited to: 2.1.1. Support personnel costs. 2.1.2. Equipment costs. 2.1.3. Equipment maintenance. 2.1.4. Vehicle costs. 2.1.5. Information technology telecommunication maintenance. 2.1.6. Services and supplies. 2.1.7. Overhead. 2.1.8. The cost for replacing the equipment amortized over ten years. 2.1.9. Funding for system enhancements authorized by the RAN BOARD. 2.1.10. Other costs necessary for the operation for CAL -ID as authorized by the RAN BOARD. 2.2. The COUNTY will adjust the CAL -ID Operational Costs annually. 2.3. The COUNTY may make a General Fund Contribution to offset CAL -ID Operational Costs. 2.4. The RAN BOARD may authorize the transfer of funds from the Sheriff's Fingerprint ID Trust Fund to offset Trust Fund -qualified CAL -ID Operational Costs. 2.5. Annual CAL -ID Operational Cost minus any Sheriffs Fingerprint ID Trust Fund contributions equals the annual net CAL -ID Operational Costs. 3. CITY COST The CITY shall reimburse the COUNTY for its proportional share of the annual net CAL -ID Operational Costs associated with CAL-ID/RAN, based upon the following formula: 3.1. The CITY'S CAL -ID Cost Allocation Percentage is the mean of the CITY'S percentage of total county population and the CITY'S percentage of Number of FBI Crimes. 3.1.1. The CITY'S percentage of total County population shall be based on the San Diego Association of Governments (SANDAG) most recent issue of "Population by Jurisdiction," contained in SANDAG "Thirty Years of Crime in the San Diego Region" report, which is published annually. 3.1.2. The CITY'S percentage of Number of FBI Crimes shall be based on SANDAG's most recent issue of "Number of FBI Index Crimes by Jurisdiction," contained in "Thirty Years of Crime in the San Diego Region" report, which is published annually. 3.2. This percentage shall be adjusted annually using the most recent SANDAG data. The data for the first year of this Agreement has been set forth as Attachment A hereto. 3.3. The CITY agrees to the use of SANDAG "Thirty Years of Crime in the San Diego Region" report's "Population by Jurisdiction" and "Number of FBI Index Crimes by Jurisdiction" numbers as mentioned above in sections 3.1.1 and 3.1.2. 3.4. The CITY'S annual CAL -ID costs equals the annual net CAL -ID Operational Costs times the CITY'S CAL -ID Cost Allocation Percentage. 3.5. The CITY'S estimated CAL -ID costs for the first year of this Agreement are calculated on Attachment B, which is hereby made a part of this Agreement. 3.6. The Sheriff of the County of San Diego may, on behalf of the COUNTY, annually revise the CITY'S estimated CAL -ID costs (Attachment B), based on the most recent SANDAG population and FBI Crime Statistics in accordance with Section 3.1 and current CAL -ID Operational Costs specified in 2.1 above. Such estimate, when approved by the CITY and the Sheriff, acting on behalf of the COUNTY, shall be made a part of this Agreement as Attachment B. 3.7. The CITY shall be billed semi-annually based on its proportional share of the estimated ongoing net CAL -ID Operational Costs and shall pay the COUNTY for the aforementioned costs within thirty days from the date of the invoice for such costs. 3.8. Actual ongoing costs shall be calculated at the end of each fiscal year. Any overages or shortages based on actual costs will be transferred to or from the Sheriffs Fingerprint ID Trust Fund. 3.9. The COUNTY shall maintain a separate accountability for purposes of the Sheriffs Fingerprint ID Trust Fund and shall provide a financial report at the end of each fiscal year to the State of California. 4. SYSTEM OPERATING POLICIES AND PROCEDURES 4.1. The primary purpose of CAL-ID/RAN shall be to serve all law enforcement agencies in San Diego County. 4.2. The RAN BOARD may add or remove law enforcement agencies from CAL- ID/RAN. 4.3. Participating CITIES, and the COUNTY, shall abide by all State and Federal statutes, as well as all policies adopted by the COUNTY, the State of California, or the Local RAN Board concerning the security, privacy, and dissemination of any and all tenprint, fingerprint, palm print, and photo identification data contained in CAL-ID/RAN. 4.4. The COUNTY, in its discretion, may enter into one or more agreements ("Vendor Contracts") with third -party providers of hardware and software to obtain CAL -ID services for the COUNTY, and to provide such services to the CITY pursuant to this Agreement. The COUNTY shall provide to the CITY, and the CITY hereby acknowledges receipt of, any such Vendor Contracts pertaining to the services that the COUNTY provides to the CITY under this Agreement. The CITY shall observe and abide by all of the contractual duties of the COUNTY under any such relevant Vendor Contract. However, notwithstanding such undertaking, the CITY shall have no rights to enforce such a Vendor Contract against the COUNTY or any third -party provider, nor may the CITY seek damages against any such third -party provider under any theory of contract, including, without limitation, third -party beneficiary principles. 4.5. Operational policy shall be established and modified as deemed appropriate by the Local RAN BOARD. This policy shall ensure that each user is treated equitably, with primary consideration based on each user agency's service population and crime rate. 4.6. The RAN BOARD shall resolve any dispute between users over operational policies established by the RAN BOARD. 4.7. The COUNTY shall ensure the proper and effective operation and maintenance of equipment used to participate in CAL-ID/RAN. 4.8. The COUNTY shall continue forwarding electronic prints submitted via live scans for arrests to the Department of Justice as required by law. 4.9. This Agreement incorporates by reference: California Penal Code Section 11112.1 et seq. and any related legislation enacted thereto; State Department of Justice CAL-ID/RAN Master Plan and any changes thereto; State Department of Justice CAL-ID/RAN Policy Manual and any changes thereto; and the San Diego County Local RAN BOARD Operating Policies. 5. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended, or otherwise changed by an amendment in writing executed by the CITY and the COUNTY. 6. TERMINATION Notwithstanding any other section or provision of this Agreement, either party hereto may terminate this Agreement by giving a one-year advance written notice of intention to terminate. 7. TERM OF AGREEMENT This Agreement shall take effect July 1, 2014 and unless terminated sooner as provided for herein, shall terminate on June 30, 2019. 8. INDEMNIFICATION The COUNTY shall not be liable for, and the CITY shall defend, indemnify and hold the COUNTY, its officers, agents and employees, harmless from any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to the performance of this Agreement, arising either directly or indirectly from any act, error, omission or negligence of Contractor or its contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of the County, its officers, agents, employees and contractors. IN WITNESS WHEREOF, the COUNTY OF SAN DIEGO executes this AGREEMENT pursuant to action taken by its Board of Supervisors, and the City of Poway executes this AGREEMENT, pursuant to action taken by the City Council. COUNTY OF SAN DIEGO By Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY By AWA Deputy ounty Counsel Board of . _ -- —, uurnonzea by the Supe''r^v^isors of the County of San ieeony Dasa: Y 2y l 1 Minute order I M N By City Manager APPROVED AS TO FORM AND LEGALITY By LA Ci ttorney Attachment A Cal -ID Cost Allocation Based on Population and Crime Fiscal Year 2014-2015 Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments "Thirty Years of Crime it the San Diego Region, 1984-2013" Published in April 2014 % Ut % of County FBI Number County City Population Population of Crimes Crime Mean of Ws Carlsbad 108,246 3.47% 2,306 2.91% 3.19% Chula Vista 251,613 8.07% 5,879 7.43% 7.75% Coronado 23,176 0.74% 566 0.72% 0.73% Del Mar 4,199 0.13% 195 0.25% 0.19% EI Cajon 100,460 3.22% 3,120 3.94% 3.58% Encinitas 60,482 1.94% 1,208 1.53% 1.73% Escondido 145,901 4.68% 4,561 5.76% 5.22% Imperial Beach 26,496 0.85% 587 0.74% 0.80% La Mesa 58,244 1.87% 2,149 2.72% 2.29% Lemon Grove 25,554 0.82% 654 0.83% 0.82% National City 58,838 1.89% 2,209 2.79% 2.34% Oceanside 169,350 5.43% 5,128 6.48% 5.96% Poway 48,559 1.56% 665 0.84% 1.20% San Diego 1,326,238 42.56% 37,031 46.81% 44.68% San Marcos 87,031 2.79% 1,614 2.04% 2.42% Santee 55,033 1.77% 1,321 1.67% 1.72% Solana Beach 12,987 0.42% 321 0.41% 0.41% Vista 95,262 3.06% 2,490 3.15% 3.10% Unincorporated 458,495 14.71% 7,112 8.99% 11.85% 3,116,164 100.00% 79,116 100.00% 100.00% Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments "Thirty Years of Crime it the San Diego Region, 1984-2013" Published in April 2014 Attachment B Cal -ID Contract Projections by Agency - FY 2014-2015 Revenue County General Gund Contribution $716,000 Transfer from Trust Fund $3,115,240 User Fees $716,000 Total Funding $4,547,240 Overhead Allocated Overhead On County Salaries and Benefits I $281,105 Expenses Count Salaries and Benefits $2,060,080 Services and Su lies $2,159,989 Fixed Assets Expense $233,445 Total Expenses $4,453,514 User Fee Allocation Allocation Estimated FY City/Jurisdiction Percentage 2014/15 Cost Carlsbad 3.19% $22,870 Chula Vista 7.75% $55,509 Coronado 0.73% $5,224 Del Mar 0.19% $1,365 EI Cajon 3.58% $25,659 Encinitas 1.73% $12,415 Escondido 5.22% $37,400 Imperial Beach 0.80% $5,700 La Mesa 2.29% $16,416 Lemon Grove 0.82% $5,895 National City 2.34% $16,755 Oceanside 5.96% $42,660 Poway 1.20% $8,588 San Diego 44.68% $319,930 San Marcos 2.42% $17,302 Santee 1.72% $12,300 Solana Beach 0.41% $2,945 Vista 3.10% $22,211 Unincor orated 11.85%1 $84,856 Total User Fees 100.00% $716,000.00 ERIp� William D. Gore, Sheriff San Diego County Sheriff's Department February 28, 2012 Cal -ID Users, Post Office Box 939062 • San Diego, California 92193 -9062 Thomas J. Cooke, Ondersheriff The five -year Cal -ID /Remote Access Network (RAN) user agreement expired on June 30, 2010. The user agreement has been extended by the RAN Board, most recently on February 17, 2012. The RAN Board extended the user fee contracts through June 30, 2013. If you have any questions, please contact the Cal -ID Program Administrator at 858 -467- 4584. Sincerely, WILLIAM D. GORE, SHERIFF i iI z ' Rosie Tapper, Cal -ID Program Administrator San Diego County Sheriffs Department 52:55 Mount Enna Drive San Diego, CA 92117 858- 467 -4584 Enclosures "Keeping the Peace Since 1850" ERlp 7 San Diego County Sheriff's Department ° Post Office Box 939062 • San Diego, California 92193 -9062 ° William D. Gar, Sheriff Thomas J. Cooke. Unele, she,iff February 28, 2012 City of Poway Finance Department 13325 Civic Center Drive Poway, CA 92064 As outlined in the current Cal -ID User's Agreement the City of Poway shall be billed semi - annually for Cal -ID operational costs bases on its proportional share of the estimated ongoing net operational costs in Fiscal Year 2011 -12. This is the first billing of the fiscal year. Enclosed are the first invoice, a return envelope, and the cost. If you have any questions regarding the invoiced amount, please contact the Cal -ID Program Administrator at 858- 467 -4584. Sincerely, WILLIAM D. GORE, SHERIFF // Rosie Tapper, Cal -ID Program Administrator San Diego County Sheriffs Department 5255 Mount Etna Drive San Diego, CA 92117 858- 467 -4584 Enclosures "Keeping the Peace Since 1850" RO = San Diego County Sheriff's Department 4O ew ee °2r Post Office Box 939062 - San Diego, California 92193 -9062 *CC Gore, Sheriff INVOICE February 28, 2012 City of Poway Finance Department 13325 Civic Center Drive Poway, CA 92064 RE: Cal -ID Program Costs - Poway DESCRIPTION AMOUNT Cal -ID Program Costs for July 1, 2011 to December 31, 2011 $4,349.00 PAY THIS AMOUNT $4,349.00 Thom -J. Cooke, Urrderehefiff Please make the remittance payable to the SAN DIEGO COUNTY SHERIFF. All amounts are due within 30 days of the date of this invoice. Return payment and a copy of this form to: San Diego County Sheriff's Department Attn: Freweini Berhe/Financial Services Division P.O. Box 939062 San Diego, CA 92193-9062 For contract inquires, please contact the Cal -ID Program Administrator at 858-4p7-4584.. Purpose v,J(�'� Account No. / Authorization "Keeping the Peace Since 1850" Attachment A Cal -ID Cost Allocation Based on Population and Crime Fiscal Year 2011 -2012 Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments "Twenty Five Years of Crime in the San Diego Region, 1985- 2009" Published in April 2010 % Of % of County FBI Number County City Population Population of Crimes Crime Mean of Ws Carlsbad 106,804 3.36% 2,015 2.60% 2.98% Chula Vista 237,595 7.47% 5,787 7.46% 7.46% Coronado 23,916 0.75% 467 0.60% 0.68% Del Mar 4,660 0.15% 148 0.19% 0.17% El Cajon 99,637 3.13% 3,153 4.06% 3.60% Encinitas 65,171 2.05% 1,093 1.41% 1.73% Escondido 147,514 4.64% 4,630 5.96% 5.30% Imperial Beach 28,680 0.90% 598 0.77% 0.84% La Mesa 58,150 1.83% 2,210 2.85% 2.34% Lemon Grove 26,131 0.82% 687 0.89% 0.85% National City 57,799 1.82% 2,278 2.93% 2.38% Oceanside 183,095 5.76% 4,559 5.87% 5.82% Poway 52,056 1.64% 615 0.79% 1.21% San Diego 1,376,173 43.27% 36,369 46.86% 45.06% San Marcos 84,391 2.65% 1,879 2.42% 2.54% Santee 58,044 1.83% 1,112 1.43% 1.63% Solana Beach 13,783 0.43% 291 0.37% 0.40% Vista 97,513 3.07% 2,515 3.24% 3.15% Unincorporated 459,038 14.43% 7,214 9.29% 11.86% 3,180,150 100.00% 77,620 100.00% 100.00% Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments "Twenty Five Years of Crime in the San Diego Region, 1985- 2009" Published in April 2010 Attachment B Cal -ID Contract Projections by Agency - FY 2011 -2012 Revenue County General Fund Contribution 2.98% $716,000 Transfer from Trust Fund 7.46% $6,261,034 User Fees 0.68% $716,000 Total Funding 0.17% $7,693,034 Expenses County Salaries and Benefits 2.98% $1,852,989 Allocated Overhead On County Salaries and Benefits 7.46% $270,029 Services and Supplies 0.68% $4,160,016 Fixed Assets Expense 0.17% $1,410,000 Total Expenses User Fee Allocation City /Jurisdiction $7,693,034 Allocation Estimated FY Percentage 2011/12 Cost Carlsbad 2.98% $21,317 Chula Vista 7.46% $53,438 Coronado 0.68% $4,846 Del Mar 0.17% $1,207 El Cajon 3.60% $25,759 Encinitas 1.73% $12,378 Escondido 5.30% $37,961 Imperial Beach 0.84% $5,987 La Mesa 2.34% $16,739 Lemon Grove 0.85% $6,110 National City 2.38% $17,013 Oceanside 5.82% $41,639 Poway 1.21% $8,697 San Diego 45.06% $322,662 San Marcos 2.54% $18,167 Santee 1.63% $11,663 Solana Beach 0.40% $2,894 Vista 3.15% $22,577 Unincorporated 11.86%1 $84,948 Total User Fees 100.00% $716,000.00 User Fee Allocation Allocation Estimated City /Jurisdiction Percentage FY 2011/12 Cost 1st Invoice 2nd Invoice July - December 2011 January - June 2012 Carlsbad 2.98% $21,317 $10,659 $10,659 Chula Vista 7.46% $53,438 $26,719 $26,719 Coronado 0.68% $4,846 $2,423 $2,423 Del Mar 0.17% $1,207 $604 $604 El Cajon 3.60% $25,759 $12,880 $12,880 Encinitas 1.73% $12,378 $6,189 $6,189 Escondido 5.30% $37,961 $18,981 $18,981 Imperial Beach 0.84% $5,987 $2,994 $2,994 La Mesa 2.34% $16,739 $8,370 $8,370 Lemon Grove 0.85% $6,110 $3,055 $3,055 National City 2.38% $17,013 $8,507 $8,507 Oceanside 5.82% $41,639 $20,820 $20,820 Poway 1.21% $8,697 $4,349 $4,349 San Diego 45.06% $322,662 $322,662 One Invoice Per Year San Marcos 2.54% $18,167 $9,084 $9,084 Santee 1.63% $11,663 $5,832 $5,832 Solana Beach 0.40% $2,894 $1,447 $1,447 Vista 3.15% $22,577 $11,289 $11,289 Unincorporated 11.86% $84,948 $42,474 $42,474 Total User Fees 1 100.00%1 $716,000.00 $519,330 $196,670 V!1 San Diego County Sheriff's Department a-.- Post Office Box 939062 •San Diego, California 92193 -9062 Thomas I. Cooke, Ondersheriff September 28, 2010 Cal -ID Users, The five -year Cal -ID/RAN agreement expired on June 30, 2010. On June 29, 2010 the Board of Supervisors authorized to extend the Cal -ID/RAN User Agreement for one year until June 30, 2011. This one -year extension is requested in lieu of a new five -year contract because the method for determining user city fees is currently under review. A contract amendment for the one year extension is being prepared and will be mailed out separately in the near future for your City's review and approval. If you have any questions, please contact the Cal -ID Program Administrator at 858 -467- 4584. Sincerely, WILLIAM D. GORE, SHERIFF r �, i Rosie Tapper, Cal-11) Program Administraor San Diego County Sheriffs Department 5255 Mount Etna Drive San Diego, CA 92117 858- 467 -4584 Enclosures "Keeping the Peace Since 1850" o�co —ZS%A �6 OF:.POW_AY- DOGl1ily AGREEMENT FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK THIS AGREEMENT ( "Agreement ") is made and entered into this first day of July, 2005, is by and between the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", and the City of Poway a municipal corporation, hereinafter referred to as "CITY ". RECITALS A. The state of California Department of Justice maintains an automated system for retaining and identifying fingerprints, palm prints, and photos, said system being known as the California Identification System and Cal - Photo, and hereinafter referred to as "Cal -ID ". B. The California Penal Code, Section 11112.1 et seq. provides for the establishment of a Remote Access Network ( "RAN "), consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to Cal -ID. C. The San Diego County Sheriff s Department, hereinafter referred to as "SDSD ", is the COUNTY'S proprietary agency for San Diego County's California Identification System /Remote Access Network, hereinafter referred to as "Cal -ID /RAN ". D. San Diego County's Cal -ID /RAN is governed by San Diego County Local Cal -ID /RAN Board, established pursuant to Section 11112.4 of the California Penal Code, and hereinafter referred to as "RAN BOARD ". E. Cal -ID /RAN provides both tenprint identification, latent identification, and photo identification through the use of Local Input Terminals, hereinafter referred to as "LIT's. F. CITY desires to participate in Cal -ID /RAN. G. The General law and traffic enforcement services contract between CITY and COUNTY makes no provision for Cal -ID services or funding. NOW, THEREFORE, the parties hereto agree that COUNTY shall provide Cal - ID /RAN services for CITY through the SDSD's LIT site subject to the following terms and conditions. 1. SCOPE OF SERVICE SDSD shall provide Cal -ID /RAN services for CITY, including all tenprint and latent inquiries and photo inquiries. 2. CALCULATION AND PAYMENT OF CAL -11) OPERATIONAL COSTS 2.1. Ongoing Cal -ID operational costs shall include those costs needed to maintain the Cal -ID Program. This includes but is not limited to: 2.1.1. Support personnel costs 2.1.2. Equipment costs 2.1.3. Equipment maintenance 2.1.4. Vehicle costs 2.1.5. Information technology telecommunication maintenance 2.1.6. Services and supplies 2.1.7. Overhead 2.1.8. The cost for replacing the equipment amortized over ten years 2.1.9. Funding for system enhancements authorized by the RAN Board 2.1.10. Other costs necessary for the operation for Cal -ID as authorized by the RAN Board. 2.2. The COUNTY will adjust the Cal -ID operations cost annually and advise the CITY of the amount by March 31 of each year. 2.3. The' COUNTY may make a General Fund Contribution to offset Cal -ID Operational Costs. The CITY will be advised of this contribution by March 31 of each year. 2.4. The RAN Board may authorize the transfer of funds from the Cal -ID Trust Fund to offset Cal -ID Operational Costs. The RAN Board will advise the CITY of this contribution by March 31 of each year. 2:5. Cal -ID's annual operations costs minus any Cal ID Trust Fund and County General Fund contributions equals the annual Cal -ID Net Operational Costs. 3. CITY COST ' 'CITY`shall reimburse COUNTY for its proportional share of the annual net operational costs associated with Cal -ID /RAN, based upon the following formula: 3.1. The CITY'S percentage of total county population plus the CITY'S percentage of Number of FBI Crimes divided by 2 equals the CITY'S Cal -ID Cost Allocation Percentage. 3.1.1. CITY'S percentage of total County population shall be based on the San Diego Association of Governments (SANDAG) most recent "Population and Housing Estimates," which are revised annually. 9 �. 3.1.2. CITY'S percentage of Number of FBI Crimes shall be based on SANDAG'S most recent issue of "Crime in San Diego Region," which is published annually 3.2. This percentage shall be adjusted annually using the previous year's SANDAG data. The data for the first year of this Agreement has been set forth as Attachment A hereto. 3.3. The annual Cal -ID Net Operational Costs times the CITY'S Cal -ID Cost Allocation Percentage equals the CITY'S Annual Cal -ID costs. 3.4. CITY'S estimated Cal -ID costs for the first year of this Agreement are calculated on Attachment B, which is hereby made a part of this Agreement. 3.5. The Sheriff of the County of San Diego may, on behalf of COUNTY, annually revise CITY'S estimated Cal -ID costs (Attachment B), based upon the most recent SANDAG population and FBI Crime Statistics in accordance with Section 3.1 and current operational costs specified in 2.1 above. Such estimate, when approved by CITY and the Sheriff, acting on behalf of the COUNTY, shall be made a part of this Agreement as Attachment B. 3.6. CITY shall be billed semi - annually based on its proportional share of the estimated ongoing net operational costs and shall pay COUNTY for the aforementioned costs within thirty days from the date of the invoice for such costs. 3.7. Actual ongoing costs will be calculated at the end of each fiscal year. Any shortages or overages based on actual costs will be transferred to or from the Sheriffs "Fingerprint Trust Fund." 3.8. COUNTY shall maintain a separate accountability for purposes of funding Cal - ID /RAN and shall provide a financial report at the end of each fiscal year. 4. SYSTEM OPERATING POLICIES AND PROCEDURES 4.1. The primary purpose of Cal -ID /RAN shall be to serve all law enforcement agencies in the COUNTY. 4.2. From time -to -time, the RAN Board may add and remove law enforcement agencies from Cal -ID. 4.3. Participating CITIES and COUNTY shall abide by all State and Federal statutes, as well as all policies adopted by COUNTY and State or Local RAN BOARD concerning the security, privacy and dissemination of any and all fingerprint and photo identification data contained in Cal -ID /RAN. .. • • 4.4. The COUNTY, in its discretion, may enter into one or more agreements ( "Vendor Contracts ") with third -party providers of hardware and software to obtain CAL -ID services for the COUNTY, and to provide such services to CITY pursuant to this Agreement. COUNTY shall provide to CITY, and CITY hereby acknowledges receipt of, any such Vendor Contracts pertaining to the services COUNTY provides to CITY under this Agreement. CITY shall observe and abide by all of the contractual duties of COUNTY under any such relevant Vendor Contract. Notwithstanding such undertaking, however, CITY shall have no rights to enforce such a Vendor Contract against the County or any third -party provider, nor may CITY seek damages against any such third -party provider under any theory of contract, including, without limitation, third -party beneficiary principles. 4.5. Operational policy shall be established and modified as deemed appropri ate by the RAN BOARD. This policy shall ensure that each user is treated equitably, with primary consideration based on each user agency's service population and crime rate. 4.6. The RAN Board shall resolve any dispute between users over operational policies established by the RAN BOARD. 4.7. COUNTY shall ensure the proper and effective operation and maintenance of equipment used to participate in Cal -1D /RAN. 4.8. COUNTY shall continue forwarding electronic prints submitted via livescans for arrests to the Department of Justice as required by law. 4.9. This Agreement incorporates by reference: California Penal Code Section 11112.1 et seq. and any related legislation enacted thereto; State Department of Justice Cal -ID /RAN Master Plan and any changes thereto; State Department of Justice Cal -ID /RAN Policy Manual and any changes thereto; and the San Diego County Local RAN Board Operating Policies. 5. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended, or otherwise changed by an amendment in writing executed by the CITY and COUNTY. 6. TERMINATION Notwithstanding any other section or provision of this Agreement, either party hereto may terminate this Agreement by giving a one -year advance written notice of intention to terminate. 7. TERM OF AGREEMENT This Agreement shall take effect July 1, 2005 and unless sooner terminated as provided for herein, shall terminate on June 30, 2010. H. INDEMNIFICATION COUNTY shall not be liable for, and CITY shall defend, indemnify and hold COUNTY, its officers, agents and employees, harmless from, any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "Claims "), related to the performance of this Agreement, arising either directly or indirectly from any act, error, omission or negligence of Contractor or its contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of County, its officers, agents, employees and contractors. IN WITNESS WHEREOF, the COUNTY OF SAN DIEGO executes this AGREEMENT pursuant to action taken by its Board of Supervisors, and the City of Poway executes this AGREEMENT, pursuant to action taken by the City Council. COUNTY OF SAN DIEGO By I J �� Clerk, Board of Supervisors ~ APPROVED AS TO FORM AND LEGALITY By D y ounty Counsel Approved and /or authorized by the Board of suprvi s Z�pe County of San DI o DateMinute Order No.� THOMAS J. PASTUSZKA Clerk t yard of pe isors B yDeput} Clerk AS TO FORM AND LEGALITY* By / City Attomey 0 Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments "Crime in the San Diego Region, Annual 2004" Published in April 2005 • • Attachement A Cal -ID Cost Allocation Based on Population and Crime Fiscal Year 2005 -2006 % Of % of County FBI Number County City Population Population of Crimes Crime Mean of Ws Carlsbad 92,995 3.08% 2,433 2.22% 2.65% Chula Visa 209,436 6.94% 8,052 7.36% 7.15% Coronado 26,459 0.88% 699 0.64% 0.76% Del Mar 4,555 0.15% 210 0.19% 0.17% El Cajon 97,643 3.24% 4,804 4.39% 3.81% Encinitas 62,586 2.07% 1,401 1.28% 1.68% Escondido 140,671 4.66% 6,331 5.79% 5.22% Imperial Beach 27,779 0.92% 1,085 0.99% 0.96% La Mesa 56,050 1.86% 2,412 2.20% 2.03% Lemon Grove 25,592 0.85% 1,084 0.99% 0.92% National City 57,047 1.89% 3,255 2.97% 2.43% Oceanside 173,307 5.74% 7,138 6.52% 6.13% Poway 50,632 1.68% 924 0.84% 1.26% San Diego 1,294,032 42.89% 52,217 47.72% 45.31% San Marcos 67,426 2.23% 1,745 1.59% 1.91% Santee 54,022 1.79% 1,397 1.28% 1.53% Solana Beach 13,431 0.45% 370 0.34% 0.39% Vista 94,048 3.12% 3,361 3.07% 3.09% Unincorporated 469,493 15.56% 10,499 9.60% 12.58% 3,017,204 100.00% 109,417 100.00% 100.00% 0 Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments "Crime in the San Diego Region, Annual 2004" Published in April 2005 • Attachement B CaHD Contract Projections by Agency - FY 2005 -2006 Revenue County General Fund Contribution $716,000 Transfer from Trust Fund $1,161,432 User Fees $716,000 Total Funding $2,593,432 Expenses County Salaries and Benefits $1,059,962 Allocated Overhead On County Salaries and Benefits $165,354 Services and Supplies $716,442 Equipment Replacement Fund $325,000 " San Diego PD In Kind Services $122,374 Fixed Assets Exoense $204,300 User Fee Allocation Allocation Estimated FY City /Jurisdiction Percentage 2005/06 Cost Carlsbad 2.65% $18,995 Chula Visa 7.15% $51,195 Coronado 0.76% $5,426 Del Mar 0.17% $1,228 El Cajon 3.81% $27,304 Encinitas 1.68% $12,010 Escondido 5.22% $37,405 Imperial Beach 0.96% $6,846 La Mesa 2.03% $14,542 Lemon Grove 0.92% $6,583 National City 2.43% $17,419 Oceanside 6.13% $43,918 Poway 1.26% $9,031 San Diego 45.31% $324,389 San Marcos 1.91% $13,710 Santee 1.53% $10,981 Solana Beach 0.39% $2,804 Vista 3.09% $22,156 Unincorporated 12.58% $90,058 Total User Fees 100.00% $716,000.00 --r . 4 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF POWAY FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK THIS AGREEMENT, made and entered into this 13th day of June , 2000, is by and between the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", and the City of Poway, a municipal corporation, hereinafter referred to as "CITY ". WITNESSETH WHEREAS, the State Department of Justice maintains an automated system for retaining the identifying fingerprints, said system being known as the California Identification System, and hereinafter referred to as "Cal-ID'; and WHEREAS, the Penal Code, Section 11112.1 et seq. provides for the establishment of a Remote Access Network ( "RAN "), consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to Cal -ID; and WHEREAS, the San Diego County Sheriff's Department, hereinafter referred to as "SDSD ", is the COUNTY'S proprietary agency for San Diego County's California Identification System/Remote Access Network, hereinafter referred to as "Cal- ID/RAN'; and WHEREAS, San Diego County's Cal- ID/RAN is governed by San Diego County Local Cal- ID/RAN Board, established pursuant to Section 11112.4 of the California Penal Code, and hereinafter referred to as "RAN BOARD"; and WHEREAS, Cal- ID/RAN provides both tenprint and latent fingerprint identification through the use of Local Input Terminals, hereinafter referred to as "LIT's; and WHEREAS, CITY desires to participate in Cal- ID/RAN; and WHEREAS, the general law and traffic enforcement services contract between CITY and COUNTY makes no provision for Cal -ID services or funding; and NOW, THEREFORE, the parties hereto agree that COUNTY shall provide Cal - ID/RAN services for CITY through the SDSD's LIT site pursuant to the following terms and conditions. I. SCOPE OF SERVICE SDSD shall provide Cal- ID/RAN services for CITY, including all tenprint and latent fingerprint inquiries. S . a II. COST A. CITY shall reimburse COUNTY for its proportional share of the ongoing operational costs associated with Cal- ID/RAN, based upon the following formula, which shall be adjusted annually using the previous year's SANDAG data. The CITY'S percentage of total county population plus the CITY'S percentage of FBI Crime Index divided by 2 equals the CITY'S Cal -ID Cost Allocation Percentage Cal -ID's annual operations costs minus fines and penalty assessments or County General Fund equals the annual Cal -ID Net Operational Costs The annual Cal -ID Net Operational Costs times the CITY'S Cal -ID Cost Allocation Percentage equals the CITY'S Annual Cal -ID costs. B. CITY'S percentage of total county population shall be based on. SANDAG'S most recent "Population and Housing Estimates," which are revised annually. C. CITY'S percentage of FBI Crime Index shall be based on, SANDAG'S most recent issue of "Crime in San Diego Region," which is published annually. D. CITY'S Cal-ID Cost Allocation Percentage shall be the average of the CITY'S percentages of total county population and FBI Crime Index. E. Ongoing Cal -ID operational costs shall include those costs needed to maintain the central computer and supporting equipment; costs for telecommunications operations for the Cal- ID/RAN equipment; air conditioning maintenance; tape storage; office supplies; cost for . replacing the equipment amortized over ten years; funding for system enhancements authorized by the RAN BOARD; utilities; support personnel; and related costs necessary, for the operation of Cal- ID/RAN. F. A minimum allocation of $716,000 per year from either fines and penalty assessments collected by the courts or County General Funds shall be subtracted from the annual Cal 41) operational costs described in Section II.D. above. The remaining annual net operational costs shall be shared by all the Cal-ID user agencies. 0 i G. CITY'S estimated Cal -ID costs are calculated on Attachment A, which is hereby made a part of this agreement. H. The Sheriff of the County of San Diego may, on behalf of COUNTY, annually revise CITY'S estimated Cal -ID costs (Attachment A), based upon the most recent SANDAG population and FBI Crime Index statistics in accordance with Sections II.B. II.C., and II.D., and current operational costs specified in Section II.E. above., Such estimate, when approved by CITY and the County Sheriff, acting on behalf of the COUNTY, shall be made a pail of this agreement as Attachment A. I. CITY shall be billed semi - annually based on it's proportional share of the estimated ongoing net operational costs and agrees to pay COUNTY for the aforementioned costs within thirty days from the date of the invoice for such costs. J. The first billing of each fiscal year shall be adjusted to reflect the actual ongoing net operational costs for the previous year. K. COUNTY shall maintain a separate accountability for purposes of funding Cal -ID /RAN and shall provide a financial report at the end of each fiscal year. III. SYSTEM OPERATING POLICIES AND PROCEDURES A. The primary purpose of Cal- ID/RAN shall be to serve all law enforcement agencies in the COUNTY. B. Additional law enforcement agencies may be added and users may be removed from Cal- ID/Ran as conditions warrant. C. Participating CITIES and COUNTY agree to abide by all State and Federal statutes, as well as all policies adopted by COUNTY and State or Local RAN BOARD concerning the security, privacy and dissemination of any and all fingerprint identification data contained in Cal- ID/RAN. Cal -ID shall be used exclusively for law enforcement criminal or suspected criminal fingerprint identification purposes. 2. Cal -ID shall not be used for employment, licensing, or certification purposes. 0 . D. Operational policy shall be established and modified as deemed appropriate by the RAN BOARD. This policy shall ensure that each user is treated equitably, with primary consideration based on each user agency's service population and crime rate. E. Any dispute between users over operational policies established by the RAN BOARD shall be resolved by that BOARD. F. COUNTY agrees to ensure the proper and effective operation and maintenance of equipment used to participate in Cal-ID /RAN. G. COUNTY agrees to continue submitting fingerprint cards for all specified arrests to the Department of Justice as required by law. H. This Agreement incorporates by reference: California Penal Code Section 11112.1 et seq. and any related legislation enacted thereto; State Department of Justice Cal- ID/RAN Master Plan and any changes thereto; State Department of Justice Cal- ID/RAN Policy Manual and any changes thereto; and the San Diego County Local RAN Board Operating Policies. IV. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended, or otherwise changed as provided in Section II.F., or by an amendment in writing executed by the CITY and COUNTY. V. TERMINATION FOR CONVENIENCE Notwithstanding any other section or provision of this Agreement, either party hereto may terminate this Agreement by giving a one -year advance written notice of intention to terminate. VI. TERM OF AGREEMENT This Agreement shall take effect July 1, 2000 and unless sooner terminated as provided for herein, shall terminate on June 30, 2005. VII. INDEMNIFICATION A. COUNTY shall defend, indemnify and hold harmless CITY, its officers, agents, or employees from and against any and all liability expense, including costs and legal fees incurred in connection with claims or demands for damages if any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or caused by the acts or failures to act of COUNTY, its officers, agents, or employees in performance of this agreement. B. CITY shall defend, indemnify and hold harmless COUNTY, its officers, agents, or employees from and against any and all liability expense, including costs and legal fees incurred in connection with claims or demands for damages if any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or caused by the acts or failures to act of CITY, its officers, agents, or employees in performance of this agreement. ' IN WITNESS WHEREOF, this AGREEMENT is executed by the COUNTY OF SAN DIEGO pursuant to action taken by the board of Supervisors, and by the CITY OF POWAY, pursuant to action taken by the City Council. COUNTY OF SAN DIEGO By 'r1,t �,u��l„ J. R L, Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY By Deputy County Counsel Approved and/or authorized by the Board of Supery ors f the County of San Diego Date.; ;00a701 Minute OrderNo._:zx THOMAS J PAS-fUSZKA By o Clerk oft B_ �cd�f S ervisors Deputy Clerk CITY OF POWAY B City anager APPROVED AS TO FORM AND LEGALITY By City tt ey 0 • ATTACHMENT A • • CAL-ID COST ALLOCATION CALCULATION - POPULATION AND CRIME 3/3/00 'Population estimates from Sandag's "City/County Population and Housing Estimates, January 1, 199E 1999" "FBI Index Crime from Sandag's "Crime in the San Diego Region, 1999" For purposes of this table crimes include criminal homicide, rape, robbery, agg. assault, burglary, larceny and auto theft. Arson is not included. % OF F.B.I. % OF COUNTY INDEX COUNTY POPULATION CRIME CRIME AVERAGE CITY /JURISDICTION POPULATION' (A) TOTAL" (B) (A) & (B) — Carlsbad - - -- — 77,550 2.72% -- 2,187 228% _ 2.50% Chula Vista 166,945 5.85% 7,009 7.30% 6.57% Coronado 28,715 1.01% 566 0.59% 0.80% El Cajon 95,546 3.35% 3,854 4.01% 3.68% Escondido 125,597 4.40% 4,802 5.00% 4.70% La Mesa 58,655 2.06% 2,073 2.16% 2.11% National City 54,961 1.93% 3,008 3.13% 2.53% Oceanside 157,869 5.53% 5,229 5.44% 5.49% San Diego 1,254,281 43.96% 49,585 51.62% 47.79% SHERIFF'S JURISDICTION: Del Mar 5,328 0.19% 232 0.24% 0.21% Encinitas 60,426 2.12% 1,390 1.45% 1.78% Imperial Beach 28,882 1.01% 862 0.90% 0.95% Lemon Grove 25,683 0.90% 858 0.89% 0.90% Poway 48,393 1.70% 922 0.96% 1.33% San Marcos 52,074 1.83% 1,589 1.65% 1.74% Santee 57,389 2.01% 1,344 1.40% 1.71% Solana Beach 14,152 0.50% 298 0.31% 0.40% Vista 84,361 2.96% 2,742 2.85% 2.91% Unincorporated County 456,451 16.00% 7,503 7.81% 11.90% Subtotal Sheriff 833,139 29.20% 17,740 18.47% 23.83% COUNTY TOTAL 2,853,258 100.00% 96,053 100.00% 100.00% 'Population estimates from Sandag's "City/County Population and Housing Estimates, January 1, 199E 1999" "FBI Index Crime from Sandag's "Crime in the San Diego Region, 1999" For purposes of this table crimes include criminal homicide, rape, robbery, agg. assault, burglary, larceny and auto theft. Arson is not included. i CAL -ID COST PROJECTION BY AGENCY 2000101 LJ 3/3/00 Sheriff's Jurisdiction Del Mar 0.21% ESTIMATED Encinitas ALLOCATION FY 2000/01 CITY /JURISDICTION PERCENTAGE' COST Police Departments: 0.90% $5,783 Carlsbad 2.50% $16,063 Chula Vista 6.57% $42,214 Coronado 0.80% $5,140 El Cajon 3.68% $23,645 Escondido 4.70% $30,199 La Mesa 2.11% $13,558 National City 2.53% $16,256 Oceanside 5.49% $35,275 San Diego" 47.79% $307,065 Sheriff's Jurisdiction Del Mar 0.21% $1,349 Encinitas 178% $11,437 Imperial Beach 0.95% $6,104 Lemon Grove 0.90% $5,783 Poway 1.33% $8,546 San Marcos 1.74% $11,180 Santee 1 71 % $10,987 Solana Beach 0.40% $2,570 Vista 2.91% $18,698 Unincorporated County 11.90% $76,461 SUBTOTAL SHERIFF'S JURISDICTIONS 100.00% $153,115 TOTAL USER FEES 100.00% $642,530 PROJECTED CAL -ID USER FEES - FY 2000/01 $642,530 GENERAL FUND ALLOCATION - FY 2000/01 $716,000 PROJECTED TOTAL SHARED COSTS - FY 2000/01 $1,358,530 Allocation percentage subject to change based on updated population and F.B.I. crime index figures. "The cost of two SDPD CAL -ID Technicians (approx. $89,193) and AFIS INTERNET conference (approx. $3,227) will be subtracted from the S.D.P.D. billing. AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF POWAY FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK THIS AGREEMENT, made and entered into this 11th day of July , 1995, is by and between the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", and the City of Poway, a municipal corporation, hereinafter referred to as "CITY ". WITNESSETH WHEREAS, the State Department of Justice maintains an automated system for retaining and identifying fingerprints, said system being known as the California Identification System, and hereinafter referred to as "Cal -ID"; and WHEREAS, the Penal Code, Section 11112.1 et seq. provides for the establishment of a Remote Access Network ( "RAN "), consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to Cal -ID; and WHEREAS, the San Diego County Sheriff's Department, hereinafter referred to as "SDSD", is the COUNTY's proprietary a 0 agency for San Diego County's California Identification System /Remote Access Network, hereinafter referred to as "Cal -ID /RAN"; and WHEREAS, San Diego County's Cal -ID /RAN is governed by the San Diego County Local Cal -ID /RAN Board, established pursuant to Section 11112.4 of the California Penal Code, and herein- after referred to as "RAN BOARD "; and WHEREAS, Cal -ID /RAN provides both tenprint and latent fingerprint identification through the use of Local Input Terminals, hereinafter referred to as "LIT's "; and WHEREAS, CITY desires to participate in Cal -ID /RAN; and WHEREAS, the general law and traffic enforcement services contract between CITY and COUNTY makes no provision for Cal -ID services or funding; and NOW, THEREFORE, the parties hereto agree that COUNTY shall provide Cal -ID /RAN services for CITY through the SDSD's LIT site pursuant to the following terms and conditions. I. SCOPE OF SERVICE SDSD shall provide Cal -ID /RAN services for CITY, :WM a 0 including all tenprint and latent fingerprint inquiries. II. COST CITY'S PERCENTAGE OF TOTAL COUNTY POPULATION A. CITY shall reimburse COUNTY for its propor- tional share of the ongoing operational costs associated with Cal -ID /RAN, based upon the following formula, which shall be adjusted annually using the previous year's SANDAG data. ANNUAL CAL -ID OPERATIONAL COSTS ANNUAL CAL -ID NET OPERATIONAL COSTS CITY'S PERCENTAGE OF FBI CRIME INDEX X = SUBTOTAL - 2 = FINES AND PENALTY ASSESSMENTS OR COUNTY GENERAL FUND CITY'S CAL -ID COST ALLOCATION PERCENTAGE -3- CITY'S CAL -ID COST ALLOCATION PERCENTAGE ANNUAL CAL -ID NET OPERATIONAL COSTS CITY'S ANNUAL CAL -ID COSTS a a 0 B. CITY'S percentage of total County population shall be based on SANDAG'S most recent "Popula- tion and Housing Estimates," which are revised annually. C. CITY'S percentage of F.B.I. crime index shall be based on SANDAG's most recent issue of "Crime in the San Diego Region," which is published annually. D. CITY'S Cal -ID cost allocation percentage shall be the average of the CITY'S percentages of total County population and F.B.I. crime index. E. ongoing Cal -ID operational costs shall include those costs needed to maintain the central computer and supporting equipment; costs for telecommunications operations for the Cal -ID /RAN equipment; air conditioning maintenance; tape storage; office supplies; cost for replacing the equipment amortized over ten years; funding for system enhancements authorized by the RAN BOARD; utilities; support personnel; and related costs necessary for the operation of Cal -ID /RAN. -4- F- F. A minimum allocation of $716,000 per year from either fines and penalty assessments collected by the courts or County General Funds shall be subtracted from the annual Cal -ID operational costs described in Section II.D. above. The remaining annual net operational costs shall be shared by all the Cal -ID user agencies. G. CITY's estimated Cal -ID costs are calculated on Attachment A, which is hereby made a part of this Agreement. H. The Sheriff of the County of San Diego may, on behalf of COUNTY, annually revise CITY's Estimated Cal -ID Costs (Attachment A), based upon the most recent SANDAG population and F.B.I crime index statistics in accordance with Sections II.B., II.C. and II.D., and current operational costs specified in Section II.E. above. Such estimate, when approved by CITY and the County Sheriff, acting on behalf of the COUNTY, shall be made a part of this agreement as Attachment A. I. CITY shall be billed quarterly based on its proportional share of the estimated ongoing net -5- 0 operational costs and agrees to pay COUNTY for the aforementioned costs within thirty days from the date of the invoice for such costs. J. The first billing of each fiscal year shall be adjusted to reflect the actual ongoing net operational costs for the previous year. K. COUNTY shall maintain a separate accountability for purposes of funding Cal -ID /RAN and shall provide a financial report at the end of each fiscal year. III. SYSTEM OPERATING POLICIES AND PROCEDURES A. The primary purpose of Cal -ID /RAN shall be to serve all law enforcement agencies in the COUNTY. B. Additional law enforcement agencies may be added and users may be removed from Cal -ID /RAN as conditions warrant. C. Participating CITIES and COUNTY agree to abide by all State and Federal statutes, as well as 0 0 all policies adopted by COUNTY and State or Local RAN BOARD concerning the security, privacy and dissemination of any and all fingerprint identification data contained in Cal -ID /RAN. 1. Cal -ID shall be used exclusively for law enforcement criminal or suspected criminal fingerprint identification purposes. 2. Cal -ID shall not be used for employment, licensing, or certification purposes. D. operational policy shall be established and modified as deemed appropriate by the RAN BOARD. This policy shall ensure that each user is treated equitably, with primary consideration based on each user agency's service population and crime rate. E. Any dispute between users over operational policies established by the RAN BOARD shall be resolved by that BOARD. F. COUNTY agrees to ensure the proper and effec- tive operation and maintenance of equipment used to participate in Cal -ID /RAN. -7- 0 0 G. COUNTY agrees to continue submitting finger- print cards for all specified arrests to the Department of Justice as required by law. H. This Agreement incorporates by reference: California Penal Code Section 11112.1 et. seq. and any related legislation enacted thereto; State Department of Justice Cal -ID /RAN Master Plan and any changes thereto; State Department of Justice Cal -ID /RAN Policy Manual and any changes thereto; and the San Diego County Local RAN Board Operating Policies. IV. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended or otherwise changed as provided in Section II.F., or by an amendment in writing executed by the CITY and COUNTY. V. TERMINATION FOR CONVENIENCE Notwithstanding any other section or provision of this Agreement, either party hereto may terminate Y�l� I 0 this Agreement by giving a one -year advance written notice of intention to terminate. VI. TERM OF AGREEMENT This Agreement shall take effect July 1, 1995 and unless sooner terminated as provided for herein, shall terminate on June 30, 2000. VII. INDEMNIFICATION A. COUNTY shall defend, indemnify and hold harmless CITY, its officers, agents, or employees from and against any and all liability expense, including costs and legal fees incurred in con- nection with claims or demands for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or caused by the acts or failures to act of COUNTY, its officers, agents or employees in performance of, this agreement. B. CITY shall defend, indemnify and hold harmless COUNTY, its officers, agents, or employees from and against any and all liability expense, a 0 including costs and legal fees incurred in connection with claims or demands for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or caused by the acts or failures to act of CITY, its officers, agents or employees in performance of this agreement. IN WITNESS WHEREOF, this AGREEMENT is executed by the COUNTY OF SAN DIEGO pursuant to action taken by the Board of Supervisors, and by the CITY OF POWAY, pursuant to action taken by the City Council. COUNTY OF SAN DIEGO BY �w� �� Un �J �U + ' BY Clerk, Board of Supervisors ayor, t y o y APPROVED AS TO FORM AND LEGALITY BY 4 c --- ki� Depu y County Counsel Aooioved an (,'/Or authorized by the Board of Supeary ors f *.he County of San Diego O %>r Minute Order No f`H(''- �iAS.j. r'ASTUSZKA '= erh o' i ,.�d of upervisors By: �1' Deputy Clerk -10- APPROVED AS TO FORM AND LEGALITY BY CITY'S PERCENTAGE OF TOTAL COUNTY POPULATION + 1.76% + 0 0 ATTACHMENT A CITY OF POWAY ESTIMATED CAL -ID COSTS FISCAL YEAR 1995/96 (MAY BE ADJUSTED ANNUALLY) CITY'S PERCENTAGE OF TOTAL F.B.I. CRIME INDEX = 1.00% _ SUBTOTAL 2.76% ESTIMATED CITY'S CAL -ID COST ALLOCATION 2 = PERCENTAGE 2 = 1.38% ESTIMATED FY 1995/96 ESTIMATED FY 1995/96 PENALTY FY 1995/96 CAL -ID ASSESSMENTS CAL -ID NET OPERATIONAL OR COUNTY OPERATIONAL COSTS - GENERAL FUNDS = COSTS $1,345,828 - $716,000 = $629,828 CITY'S ESTIMATED CITY'S ESTIMATED CAL -ID NET CAL -ID COST FY 1995/96 OPERATIONAL ALLOCATION CAL -ID COSTS X PERCENTAGE = COSTS $629,828 X 1.38% _ $8,692 / 00 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF POWAY FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK THIS AGREEMENT, made and entered into this day of I 199,0", is by and between the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", and the City of Poway, a municipal corporation, hereinafter referred to as "CITY ". WITNESSETH WHEREAS, the State Department of Justice maintains an automated system for retaining and identifying fingerprints, said system being known as the California Identification System, and hereinafter referred to as "Cal -ID "; and WHEREAS, the Penal Code, Section 11112.1 et seq. provides for the establishment of a Remote Access Network ( "RAN "), consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to Cal -ID; and WHEREAS, the San Diego County Sheriff's Department, hereinafter referred to as "SDSD ", is the COUNTY's proprietary COUNTY CONTRACT NUMBER 11 5go � - N -2_ N agency for San Diego County's California identification System /Remote Access Network, hereinafter referred to as "Cal -ID /RAN "; and WHEREAS, San Diego County's Cal -ID /RAN is governed by the San Diego County Local Cal —ID /RAN Board, established pursuant to Section 11112.4(a) and (c) of the California Penal Code, and hereinafter referred to as "RAN BOARD "; and WHEREAS, Cal -ID /RAN provides both tenprint and latent fingerprint identification through the use of Local Input Terminals -, hereinafter referred to as "LIT's "; and WHEREAS, CITY desires to participate in Cal -ID /RAN; and WHEREAS, County Contract No. 72275 -R between CITY and COUNTY authorizes COUNTY to provide law enforcement services for CITY, but makes no .provision for Cal -ID services or funding; and NOW, THEREFORE, the parties hereto agree that COUNTY shall provide Cal -ID /RAN services for CITY through the SDSD's LIT site pursuant to the following terms and conditions. , -3- I. SCOPE OF SERVICE SDSD shall provide Cal -ID /RAN services for CITY, including all tenprint and latent fingerprint inquiries. II. COST A. CITY shall reimburse COUNTY for its propor- tional share of the ongoing net operational costs associated with Cal -ID /RAN, based upon the following formula, ahich shall be adjusted annually using the previous year's SANDAG data. CITY'S PERCENTAGE OF TOTAL COUNTY POPULATION', CITY'S PERCENTAGE, OF TOTAL COUNTY CRIME = SUBTOTAL - 2 = ANNUAL CAL -ID NET CITY'S OPERATIONAL X ALLOCATION COSTS PERCENTAGE CITY'S ALLOCATION PERCENTAGE CITY'S CAL -ID COSTS N -4- B. CITY'S percentage of total County population shall be based on SANDAG'S most recent "Popula- tion and Housing Estimates," which are revised annually. C. CITY'S percentage of total County crime shall be based on SANDAG's most recent issue of "Crime in the San Diego Region," which is published annually. D. Ongoing net operational costs shall include those costs needed to maintain the central computer and supporting equipment; costs for telecommunications operations for the Cal -ID/ RAN equipment; air conditioning maintenance; tape storage; office supplies; cost for replacing the equipment amortized over -ten years; funding for system enhancements author- ized by the RAN BOARD; utilities; support personnel; and related costs necessary for the operation of Cal -ID /RAN, less revenue collected from fines and penalties by the courts and deposited into the Cal -ID Trust Fund. -5- E. CITY's estimated Cal -ID costs are calculated on Attachment A, which is hereby made a part of this Agreement. F. The Sheriff of the County of San Diego may, on behalf of COUNTY, annually revise CITY's Estimated Cal -ID Costs (Attachment A), based upon the most recent SANDAG population and crime rate statistics in accordance with Sections II.B. and II.0 and current net operational costs specified in Section II.D. Such estimate, when s approved by CITY and the County Sheriff, acting on behalf of the COUNTY, shall be made a part of this agreement as Attachment A. G. CITY shall be bille proportional share of operational costs and the aforementioned days from the date costs. J quarterly based on its the estimated ongoing net agrees to pay COUNTY for costs within thirty of the invoice for such H. The first billing of each fiscal year shall be adjusted to reflect the actual ongoing net operational costs for the previous year. N M I. COUNTY shall maintain a separate accountability for purposes of funding Cal -ID /RAN and shall provide a financial report at the end of each fiscal year. III. SYSTEM OPERATING POLICIES AND PROCEDURES A. The primary purpose of Cal -ID /RAN shall be to serve all law enforcement agencies in the COUNTY. B. Additional law enforcement agencies may be added and users may be removed from Cal -ID /RAN as conditions warrant. C. Participating CITIES and COUNTY agree to abide by all State and Federal statutes, as well as all policies adopted by COUNTY and State or Local RAN BOARD concerning the security, privacy and dissemination of any and all fingerprint identification data contained in Cal -ID /RAN. 1. Cal -ID shall be used exclusively for law enforcement criminal..or suspected criminal - fingerprint identification purposes. so N 2. Cal —ID shall not be used for employment, licensing, or certification purposes. D. Operational policy shall be established and modified as deemed appropriate by the RAN BOARD. This policy shall ensure that each user is treated equitably, with primary consideration based on each user agency's service population and crime rate. E. Any dispute between users over operational policies established by the RAN BOARD shall be resolved by that BOARD. F. COUNTY agrees to ensure the proper and effective operation and maintenance of equipment used to participate in Cal -ID /RAN. G. COUNTY agrees to continue submitting finger- print cards for all specified arrests to the Department of Justice as required by law. H. This Agreement incorporates by reference: California Penal Code Section 11112.1 et. seq. and any related legislation enacted thereto; so State Department of Justice Cal —ID /RAN Master Plan and any changes thereto; State Department of Justice Cal -ID /RAN Policy Manual and any changes thereto; and the San Diego County Local RAN Board Operating Policies. IV. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended or otherwise changed as provided in Section II.F., or by an amendment in writing executed by the CITY and COUNTY. V. TERMINATION FOR CONVENIENCE Notwithstanding any other section or provision of this Agreement, either party hereto may terminate this Agreement by giving a one —year advance written notice of intention to terminate. VI. TERM OF AGREEMENT This Agreement shall take effect July 1, 1990 and unless sooner terminated as provided for herein, shall terminate on June 30, 1995. N VII. INDEMNIFICATION A. COUNTY shall defend, indemnify and hold harmless CITY, its officers, agents, or employees from and against any and all liability expense, including costs and legal fees incurred in con- nection with claims or demands for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or caused by the acts or failures to act of COUNTY, its officers, agents or employees in performance of this agreement. B. CITY shall defend, indemnify and hold harmless COUNTY, its officers, agents, or employees from and against any and all liability expense, including costs and legal fees incurred in con- nection with claims or demands for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or caused by the acts or failures to act of CITY, its officers, agents ..or employees in performance of this agreement. a] -lo- 00 IN WITNESS WHEREOF, this AGREEMENT is executed by the COUNTY OF SAN DIEGO pursuant to action taken by the Board of Supervisors, and by the CITY OF POWAY pursuant to action taken by the City Council. COUNTY OF SAN DIEGO BY 'r`w � i - PM T 41� Clerk, Board of Supery ors APPROVED AS TO FORM AND LEGALITY Deputy County Counsel S- a/- y/ aQ) Aporwod andror authorized by the Board of Supervisors of the County of San Diego X 6194, of the Board of Supervisors CITY OF POWAY o � APPROVED AS TO FORM AND LEGALITY B C ttorney CITY'S PERCENTAGE OF TOTAL COUNTY POPULATION + 1.80% + ESTIMATED FY 1990/91 OPERATIONAL COSTS $913,702 ESTIMATED CAL -ID NET OPERATIONAL COSTS $163,702 pp pp ATTACHMENT A CITY OF POWAY ESTIMATED CAL -ID COSTS FISCAL YEAR 1990/91 (MAY BE'ADJUSTED ANNUALLY) CITY'S PERCENTAGE OF TOTAL CITY'S COUNTY ALLOCATION CRIME = SUBTOTAL - 2 = PERCENTAGE .66% = 2.46% - 2 = 1.23% ESTIMATED ESTIMATED FY 1990/91 FY1990/91 CAL -ID CAL -ID NET TRUST FUND OPERATIONAL - REVENUES* = COSTS - $750,000 = $163,702 CITY'S ESTIMATED CITY'S FY 1990/91 ALLOCATION CAL -ID X PERCENTAGE = COSTS X 1.23% _ $2,014 *ACTUAL CAL -ID TRUST FUND REVENUES: FISCAL YEAR 1987/88 - $214,640 FISCAL YEAR 1988/89 - $699,946 FISCAL YEAR 1989/90 - $714,513 (through 05/25/90 only)